Terms & Conditions

OUR

TERMS AND CONDITIONS OF SALE

These are the terms and conditions of sale of OXFORD COMMERCIAL SERVICES INTERNATIONAL LIMITED whose registered office is at 155, 3rd Avenue, A Close……………… (registered with company number RC……….) and registered as a Real Estate Company for the purposes ofsales, management and development of property.

These terms, together with any Special Conditions (as defined below) will apply to all your interest in and subscription to our Estates, whether you are subscribing online, by telephone, by mail or through any of the Company’s Representatives/Associates. Please read this Terms and Conditions carefully before making a subscription.

  1. Definitions and interpretations 

1.0 In these conditions:

1.1 “Company” means OXFORD COMMERCIAL SERVICES INTERNATIONAL

LIMITED.

1.2 “Subscribers” or “you” means persons, purchasers or any other organization

applyingor subscribingtoany of the company’s Estates.

1.3 “Estates” means any location or land to be sold by the Company.

1.4 “Services” means the services to deliver under these conditions

1.5 “Special Conditions” means conditions relating to specific locations or services

under these conditions.

1.6 “Subscription Fees” means the amount payable by you to us (as detailed on the

Company’s website or fliers from time to time) for the subscription

to the Services (if applicable)

1.7 “Survey Fee” means the specified amount payable by you for surveying your portion

or location subscribed to by you in our Estates.

1.8 “Documentation Fee” means the 5% of the subscription fee of any location subscribed

to by you.

1.9 “Developmental Levy” meansthe specified amount payable for the infrastructures and

amenities of the Estates.

1.1.0 “Delivery Fee” means a specified amount payable by you for the delivery of your documents.

1.1.1 “Party” means either you or us; “Parties” means you and us

1.1.2 “Writing” means letter, fax or email.

2.0. The contract for the purchase of the land and or other services (“Contract”) will be formed when you fill our land application form.

2.1 These conditions and any documents referred to on our land application form (as appropriate) forms the entire understanding between you and us and supersede any prior promises, representations or undertakings.

2.2 Any omission or error in any sales literature, web page or site, land application form, price list, letter of acknowledgement, despatch note, invoice or other documents issued by us may be corrected by us without liability.

2.3 Subject to any Special Conditions, the provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from the Contract so that no third party (except as indicated in the document)may claim any rights under this contract.

2.4 Clause headings are for convenience only and do not affect the interpretation of these conditions. Words in the singular include the plural and vice versa.

2.5 Any applicable Special Conditions are supplemental to these terms and conditions.

2.6 These terms and conditions and any Special Conditions do not apply to any sales by third parties on our website (except our Representatives or Associates). Sales by third parties shall be subject to that third parties’ terms and conditions (if applicable). You should read any third party terms and conditions prior to filling the application form. You acknowledge and accept that we have no responsibility for and shall have no liability to you in respect of any sales by third parties (except our Representatives or Associates)on our website.

  1. Limitation of liability

3.1 We will not be liable to you by way of representation (unless fraudulent), common law duty or under any express or implied term of the Contract for:

  • 1.1 any losses which are not reasonably foreseeable by both Parties when the Contact is formed arising in connection with the transaction/or Services or their use by you
  • 1.2 any losses which are not caused by any breach by us; and/or
  • 1.3 business or trade losses.

3.2 At any worse event, our entire liability in connection with the Contract will not exceed the subscription fee (land purchase price only) of the land or Services to which the claim relates.

  1. Subscriptions

4.1 You are at liberty to subscribe to any of our locations either outrightly or on instalment. However, note that instalment subscription means an additional or higher price than outright payment. Our instalment price paymentplan starts from 3 months to 12 months.

  1. Price

5.1 The price for the land and/or services is stated on our Fliers, website among othersor letter of acknowledgement (as appropriate). All prices shown on the site are in Naira and are exclusive of VAT unless otherwise provided.Service Tax and VAT (at the applicable rate), includes any applicable bank charges, tax deduction, and any form of delivery fee will be added to or charged on invoices at the appropriate rates and paid by you. If the rate of VAT is amended, we shall change the rate of VAT payable by you accordingly.

5.2 Other prices include Allocation fee, Documentation fee, Survey fee, Developmental levy, Parameter fencing cost and Management Service Charge. Note that, all the prices listed here are compulsory exceptSurvey fee and parameter fencing cost which are optional as you may contact an external contractor for that purpose. A copy of Payment Receipt or Acknowledgment Letter shall be issued to you whenever you make payment as indicated in this paragraph

  1. Payment

6.1 The price of the land (which excludes VAT) will be the price indicated on all our promotional materials and or social media pages when you want to apply. We take all reasonable care to ensure that the prices advised to you is correct. However please see condition 5.2 for what happens if we discover an error in the price of the product you order.

6.2 It is always possible that, despite our best efforts, some of the promotional materials may prima facie showcase incorrect prices. We will normally check prices before accepting your filled application formso as to do the needful by either calling or sending messages to you for proper clarification and right information.

6.3 All payments should be made via our website by MasterCard, Visa among others into our account numbers stated on our web page.

6.4 Unless we agree otherwise in Writing, you must NOT PAYany third party or our Representatives and or Associate any cash as a subscription fee or otherwise, for any of our Estates as failure to adhere to this instruction shall be at your own detriment and the Company shall not be liable in any manner for it.

6.5 Where you do not make any payment to us under the Contract by its due date or as agreed in your payment plan, then, we may, in addition to any other rights which we have under this Contract, charge you a default fee of N………. per monthfrom the due date you have refused to pay as agreed.

6.6It is pertinent to note that where there is an inconclusive transaction as a result of your inability to comply with the payment structure of plan indicated or agreed by us, you shall forfeit the prior payment made on the land.

6.7 If you become unable to balance up your payment having paid half of the subscription fee, we may compassionately allow you to sell your land to retrieve your money as the Company shall not be under any liability to refund the subscription fee.

  1. Estate Management

7.1 The service charge or maintenance fee to be paid and which will soon be decided is for the development, maintenance, provision of amenities and infrastructures in the Estates

7.2 Be informed that you and all other Residents of our Estates are strictly subjected and compelled to be bound by the Estate Management’s Policies where public interest is concerned.

  1. Delivery

8.1 Having prepared all necessary documents, wewill deliver same to the place designated by you in the application form during normal business hours.

8.2 Unless otherwise expressly agreed in writing, any delivery date or time specified by us in any despatch note or otherwise is a best estimate only and we will not be liable to you for any loss or damage sustained by you if we fail to meet that time scale.

8.3 If you have any queries relating to the delivery of your documents or any complaint on the subject matter or any of the Estates and staffs, or in the event of non-delivery, please contact us at website/mailor +234……………… To help us trace the issues.

8.4 The costs of delivery of documents will be as displayed to you on our website.

  1. Risk and Title

9.1 Title to the lands will not pass to you until we have received payment in full (in cash or cleared funds) for the lands and other stated prices above.

  1. Assignment

10.1 Upon full payment of all prices indicated above, you then accrue a full right to deal with the property, to develop, alienate or resell the land you subscribed to without encroaching on other lands.

10.2 We may freely assign, sub-contract or otherwise transfer in whole or in part the subject matter herein or the Contract. You may not assign, sub-contract, develop or otherwise transfer in whole or in part the Contract without our written agreement.

11Notices

11.1 Any notice required to be given in this Terms and Conditions shall be in writing and may be delivered by hand, sent by electronic mail, courier services among others, to our various Address, electronic mail among others. Such notice made herein, shall be deemed duly made upon delivery when delivered and acknowledged.

  1. Damage or loss in transit

12.1 We shall replace, free of charge, any document damaged or lost in transit where delivery has been made by our carrier, provided that you give us written notification of such damage or loss within ……….days of the date of our invoice (so that we may comply with our carrier’s conditions of carriage).

  1. Specification

13.1 Where we have put drawings, photographs, illustrations, specifications, performance data, dimensions and the like in sales literature, on web pages or other promotional materials, we believe they are accurate. However, you should not take them to be a description ofour Estates and/or Services or representations made by us and we do not warrant that they are accurate.

  1. Delay or failure to perform

14.1 We shall not be liable to you if we are prevented or delayed in the performing of any obligations to you if this is due to any cause beyond our reasonable control including: an act of God, explosion, flood, fire or accident; war or civil disturbance; strike, industrial action or stoppages of work; any form of government intervention; a third party act or omission; failure by you to give us a correct delivery address or any failure by you to notify us of a change of address.

  1. INDEMNITY CLAUSE

15.1 We indemnify ourselves from any issue that may arise from any of our Estates and from any personal issue any of you may have which may jeopardize our businesses such as bankruptcy, money laundering {prohibited by MoneyLaundering Act, 2004 and or Money Laundering (Prohibition) Act, 2011}or any form of criminal act(s).

  1. General

16.1 All intellectual property in the Estatesand Services of the Company (including, without limitation, any information, documentation and/or materials produced in connection with the Estates and Services of the Company) are and shall remain fully vested in us. Nothing in these conditions or any Special Conditions shall grant to you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Estates and Services of the Company.

16.2 This terms and conditions in this contract shall be governed by, interpreted, performed and enforced in accordance with, the Laws of Federal Republic of Nigeria.

16.3 Any claim, dispute or difference arising out of or in connection with this Terms and Condition in this contract, whether as to its validity, construction, performance, or any dispute of any nature whatsoever, shall be submitted to a Sole Arbitrator to be appointed by the Lagos State Multi-door Court and the rules therein shall apply in accordance with the Arbitration and Conciliation Act, Cap 19, Laws of the Federation of the Republic of Nigeria, 1990.

16.4 The place of the Arbitration shall be Lagos and the Arbitral proceeding shall be conducted in English Language. Each party shall bear their respective cost of Arbitration. The Award decision of the Arbitrator shall be final and binding on parties to this Agreement.

16.5 No waiver by us of any breach of the Contract by you is considered as a waiver of any subsequent breach of the same or any other provision.

16.6 Our Estates/or Services provided by us are for information only and should not be used as conclusive, complete or authoritative. We make no representation, warranty or guarantee in respect of same and shall have no liability to you (whether in contract, tort, negligence or otherwise and howsoever arising) for any loss, damage, costs or expenses incurred by you, or any third party, acting in reliance upon or by virtue of any information which has been accessed by you by virtue of our Estates or the Services provided under this Contract.

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